Abrahams v. Los Angeles Traction Co.

Citations

• 124 Cal. 411
• 57 P. 216
• 1899 Cal. LEXIS 1008

Syllabus

<p>Negligence—Collision of Electric Car with Sprinkling Cart.—The motorman of an electric ear, in approaching at high speed, in the rear of an unwieldy sprinkling cart, weighing about five tons, which was known to him to be rightfully upon the track, in its customary position, for the purpose of sprinkling the street, could not reasonably assume that the street-car track could be quickly cleared by such cart, nor that a warning given by him, by the sounding of a gong, seven hundred feet away, would necessarily be heard by the driver of the cart. The motorman would not be justified in quickening bis speed and advancing without further warning, on the assumption that the signal so given would' be heard and obeyed by the driver of the sprinkling cart in. time to clear the passing car; and the street railway company is responsible for damages resulting to the driver of the sprinkling cart from a collision therewith by the electric car.</p> <p>In.—Contributory Negligence—Reckless Collision.—Persons cannot be recklessly and wantonly run down on a.railroad track, however negligent themselves, where the circumstances are such as to convey to the mind of a reasonable man a question whether they will be able to get out of the way; and this rule applies especially where the person recklessly collided with is driving an unwieldy vehicle.</p>